TB1-05720

TB1-05720

The claim fails because the claimant did not establish his identity or Chinese citizenship with credible, verifiable documentation, gave inconsistent and non‑corroborated testimony, and therefore failed to meet the onus to show a well‑founded fear of persecution or a balance‑of‑probabilities risk of torture under...

Source-derived case information.

Citation
TB1-05720
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 October 2013
Procedural Posture
Refugee Protection (irpa Ss.96 and 97) / Final Decision After Merits Hearing
Outcome
Claim rejected: claimant is not a Convention refugee and not a person in need of protection under s.97(1) IRPA.
Legal Topics
Refugee Protection, Credibility Assessment, Identity Documentation, Risk of Torture (s.97), Country of Origin Information
Source Language
english
Immigration Refugee Law Administrative Law Refugee Protection Credibility Assessment Identity Documentation Risk of Torture (s.97) Country of Origin Information

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Parties

XXXX XXXX XXXX

Claimant

Minister of Citizenship and Immigration

Respondent

Procedural Posture

Refugee Protection (irpa Ss.96 and 97) / Final Decision After Merits Hearing

Legal Issues

  1. 1 Whether claimant's identity and Chinese citizenship were established
  2. 2 Whether claimant's testimony and documentary evidence were credible and corroborated
  3. 3 Whether claimant is a Convention refugee (persecution for religion)

Ratio Decidendi

The claim fails because the claimant did not establish his identity or Chinese citizenship with credible, verifiable documentation, gave inconsistent and non‑corroborated testimony, and therefore failed to meet the onus to show a well‑founded fear of persecution or a balance‑of‑probabilities risk of torture under IRPA ss.96 and 97(1).

Court Disposition

Claim rejected: claimant is not a Convention refugee and not a person in need of protection under s.97(1) IRPA.